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Summons under Section 61-67 of CrPC

Meaning of Summons

  • In general, summons means “to appear and answer before the court.”
  • The presence of the accused during the trial plays a vital role in concluding a fair trial.
  •  The attendance of the accused can be procured either by issuing of summons or by arresting and detaining him.
  • Summon is a legal document issued by the court directed to a person to appear before a judge or Magistrate.
  •  According to section 205(1) CrPC, issuing summons may permit the accused to appear through his pleader.

Essentials of Summons

  • Summons should be clear and specific. Further, according to section 61 of the Criminal Procedure Code:
  1. Summons shall be in writing.
  2. Summons shall be served in duplicate.
  3. Summons shall be signed by the presiding officer of the court issuing it.
  4. Summons shall bear the seal of the court.

Contents of Summons

The summons should contain adequate particulars:

  1. The name of the court issuing it.
  2. Name and address of the party receiving summons.
  3. Offence charged with.
  4. Seal of the court.

Service of Summons

  • According to section 62 CrPC, the summons shall be served by the police, or subject to rules made by the State Government on this behalf, by an officer of the court or other public servant. If practicable, the summons shall be served personally on the person summoned who shall sign a receipt.

Service of Summons to Corporate Bodies and Societies

  • According to section 63 CrPC the service of summons to corporate bodies and societies may be affected by:
  1. Serving the summons on the secretary, local manager or other principal officers of the corporation concerned.
  2. Letter sent by registered post addressed to the Chief Officer of the corporation.

Service When a Person Summoned Cannot Be Found

  • According to section 64 CrPC, when the person to be summoned cannot be found, the summons shall be served by leaving the duplicate with an adult male member of the family who resides with the person summoned.
  • Such a member may sign the receipt if required.
  • This is also known as the extended service of summonsIt is to be noted a servant is not considered a member of the family under this section.

When Service of Summons Cannot Be Effected

  • According to section 65 CrPC, when service cannot be effected as provided under sections 62, 63, 64, the duplicate of summons shall be affixed to some conspicuous part of the house in which the person summoned resides.
  • This is also known as substituted service of summons.

Service on Government Servant

  • According to section 66 CrPC, when the summon is to be served to a government servant, the duplicate of the summons shall be sent to the head of the office in which such person is employed.

Service Outside Local Limits

  • According to section 67 CrPC, if the summons is to be served outside the local limits, the court shall send such summons in duplicate to the Magistrate within whose local jurisdiction the person summoned resides.

Summons to Witness

  • According to section 311 CrPC, the court can anytime summon and examine any person as a court witness if his evidence appears essential for the interest of the case.
  • The court also has the authority to recall or re-examine a witness already examined.

 

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